Introduction

Generally, when most people think of patents and protecting inventions, they're actually referring to utility patents (whether they realize it or not). Utility patents protect structural and functional aspects of an invention and are the most popular, sought after type of patent because they provide the strongest, broadest and most comprehensive protection. In simpler terms, utility patents protect the structural makeup of an invention and how it "works", in contrast to design patents which only protect ornamental aspects of an invention and how it "looks". Additionally, if you plan to potentially license your invention, a strong utility patent is typically desired by most potential licensees. Obtaining a strong utility patent requires strategically drafting a regular, non-provisional utility patent application, including the patent claims, and exercising patience in dealing with the United States Patent and Trademark Office (USPTO). **Regular (Non-Provisional) Utility Patent Application Pricing**

 

Advantages of Utility Patents

• Exceptional, and Necessary, for Protecting Structural and Functional Aspects of an Invention (Regardless of its Ornamental or Aesthetic Appearance)

• Provides the Strongest, Broadest and Most Comprehensive Patent Protection

• Typically More Valuable to Potential Licensees or the Patent Owner (Companies, Invention Marketers, etc.)

• Duration is the Longest of any Patent (20 Years From the Earliest Filing Date)

• Permits one to Legally Declare "Patent Pending" once a Regular (Non-Provisional) Patent Application is Filed

• Utility Patent Drawings are Typically Less Expensive (Compared to Design Patent Drawings)

 

Drawbacks of Utility Patents 

• More Expensive to Prosecute (Compared to Design Patent Applications)

• USPTO Filing Fees More Expensive (Compared to Design Patent Applications)

• Post-Grant Maintenance Fees are Required to Sustain the Duration of the Patent (at 3.5, 7.5 and 11.5 Years)

• Lower Likelihood of being Granted as Compared to a Design Patent (Approximately 55-70% Allowance Rate, Compared to over 90% Allowance Rate for Design Patents)

• Typically Takes Longer to be Granted (Approximately 2 or 3 Years, Compared to approximately 1-1.5 year(s) for a Design Patent)